L Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Wife work permit

Authored on: Wed, 11/24/2010 - 01:59

Question

My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US.
2) Get a L1 visa and she can find a job in US with her 3 year degree.

Answer

Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.

Parents B-2 Visa

Authored on: Fri, 11/19/2010 - 04:14

Question

My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches:
a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems.
b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.

Answer

I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.

L2 Visa holder

Authored on: Mon, 11/01/2010 - 15:00

Question

I am L2 visa holder and a physiotherapist from India. I also have SSN. Do I need to take the EAD or health care worker certificate to work in USA.Or simply credit evaluation and taking the licence is sufficient.

Answer

You need complete credentialing including a license.

Moving to USA on L-1

Authored on: Mon, 10/11/2010 - 05:57

Question

I am a British citizen with Canadian permenant residency. The US office of my company (I work out of the canadian office) wants me to move to the USA to work on a L1. My wife (canadian) and 2 children (canadian/british) would move with me.I am concerned about 2 things, the first being what happens if I leave the company or get laid off? It's a huge issue since we would have uprooted a good life in canada. Secondly I am not completely sure about the company. Its a new employer and they seem to be pressuring me to make the move. I am worried that they could simply lay me off whenever they want which would cause turmoil if we had to move back and start again.

Answer

I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.

Denial of an L-1A

Authored on: Fri, 09/24/2010 - 11:01

Question

I am going to India for my wedding, I plan to do my L1A stamping and get an L2 for my wife. Now suppose my L1A stamping is denied, what happenes to my existing L1b petition which is valid till 2011 Oct? Can I use that to file and L2 for my wife and return back to US?

Answer

Your current approval is not invalidated by denial of an L-1A. You can use it.

H1 Visa

Authored on: Fri, 08/06/2010 - 02:44

Question

I have come to US through my company with my L1 Visa. I am currently working with my client. There is an agreement between my company and my client not to hire my company employees within 6 months after quitting. I cannot move to any other company here in US as i am on L1. My company is not willing to file H1 either. If I have to move to a different company I should have a H1 Visa filed.
Recently my client offered me to join their company, but I don't have my H1 and i cannot join my client company even if i get my H1 because of the 6 months restriction. What are the different options to join my client.

Answer

This seems to be an issue of contract only. Immigration law does not stop you from changing.

L1A to EB1 from outside USA

Authored on: Thu, 06/24/2010 - 00:02

Question

I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months.
1)Can we apply EB1 while being outside USA?
2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1?
3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

Answer

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1

Authored on: Wed, 06/16/2010 - 03:48

Question

What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

Answer

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

L2 Status

Authored on: Mon, 06/07/2010 - 07:04

Question

I came to USA as L2 with my spouse, after leaving my job. Now my parent company is asking me to take up their assignment based at USA. and also asking me to confirm the possibility of starting their office at States.
Is these possible? at least working for them is possible. I have my EAD. Can I work and take salary from outside USA firm?

Answer

Once you have the EAD you can work for anyone in USA, including a company that is not in USA.

L1B to H1

Authored on: Mon, 04/12/2010 - 15:12

Question

I am working in US with L1B Visa from company A, now I have my H1 petition approved from the same company had applied to me before I had L1B. Now is it possible for me to change my Visa status from L1B to H1, if yes then what are the situations under which I will be able to change as I am planning to change the company.

Answer

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.